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Expertise

We work with clients to provide responses to the constantly evolving legislative and case law climate of Romania and EU and assist them in implementing their projects while complying with various environmental permitting requirements and in protecting their interests in terms of environmental liability. We also assist clients in their dealings with the competent environmental authorities and represent them in disputes before the courts of relevant jurisdiction.

Our advice encompasses:

Environmental and other permitting matters

We advise in relation to integrated pollution prevention and control (IPPC), environmental and other permits required for the implementation of various projects, such as power generation and manufacturing projects, during the construction and commissioning phases. This includes assistance in meetings with the competent authorities to arrive at the best alternative for the permitting approach considering the characteristics and timing of the projects and the applicable procedural rules.

Assessment of environmental compliance

We assist clients in assessing companies’ compliance with environmental regulations as part of merger and acquisition projects or as part of internal compliance reviews at group level and in implementing measures to remedy identified breaches. We also assist clients in identifying and complying with environmental-related formalities in connection with reorganizations, mergers, spin-offs and assets acquisition transactions, and draft environmental indemnity provisions and side agreements.

Climate change & Emission Trading Scheme

We advise our clients on rules applicable to Joint Implementation projects and Clean Development Mechanisms under the Kyoto Protocol and to installations covered by the Emission Trading Scheme (ETS). We also advise clients on rules and conditions applicable to trading of units or allowances issued in accordance with the Kyoto Protocol and the ETS regulations.

Waste management

We advise our clients with respect to general waste management regulations and special regulations on waste electronic and electrical equipment, packaging and batteries, including in respect of the formalities required for placing specific products on the market and related payment obligations to the Environmental Fund.

Environmental liability & historic pollution

We advise clients on environmental liability rules and assist in the identification and assessment of potential implications related to the performance of activities on sites affected by historic pollution. This includes assistance in case of occurrence of incidents leading to the pollution of environmental factors, including in view of ensuring compliance with any reporting obligations and managing the relationship with the competent authorities for determining the necessary containment and remediation measures.

Natural protected areas

We advise our clients on requirements related to functioning within or in the vicinity of natural protected areas.

Environmental controls and training

We assist our clients in connection with controls carried out by authorities competent in the environmental field, such as the Environmental Guard, including assessments of the implications of control reports prepared by the authorities and the possibility to challenge any sanctions issued during controls. We also perform environmental down raids and environmental incidents related training.

Litigation and dispute resolution

We employ a multidisciplinary litigation team that prepares and represents environment and administrative cases before the courts and we have considerable experience in settling disputes prior to the adjudication phase.

Key projects

PROFESSIONAL AFFILIATIONS

Lex Mundi WSG See Legal

NNDKP OFFICES

Bucharest | Timisoara | Cluj | Brasov | Craiova